re: Passing on unmarked road: Is it illegal/reckless?

I was given a reckless driving ticket. Driving record: convicted for going 1-9 mph over speed limit. Point balance: +2 points.

It was 3:15 pm, road was dry, no clouds in sight. I passed one car - it was going 20 mph. The fastest I ever went was 25 mph. There were no oncoming cars. The road was wide enough for two cars to travel plus room for parking on both sides of the road. In fact, there were lines for diagonal parking on my side of the road. There were no cars parked on either side. By the time I had completed the pass, there was a school baseball field on my right. However, there were no signs in sight indicating that there was a school zone or reduced speed limit. About a quarter mile farther up the road, there was a 20 mph (when children present) sign that had been nearly hidden by a bushy tree. But I had already been stopped by the police officer before I ever reached that sign. There were no crosswalks or school entrances near the area where I passed the car. Looking back at the photos I took, I see that there may have been a side street that I drove by while I was passing a car. I did not see any children present. But where I began to pass the car was before the school and I completed the pass just barely overlapping the school baseball field, but had not even got close enough to see the school entrance and speed limit sign.

re: Passing on unmarked road: Is it illegal/reckless?

Which one?

Depending on the reason the officer charged you with reckless driving in Virginia, you may face actual jail time, loss of your license and a very high fine. Reckless driving in Virginia is a class one misdemeanor. The two most commonly charged reckless driving offenses in Virginia by police officers are reckless driving by speed (Virginia Code Section 46.2-862) and general reckless driving (Virginia Code Section 46.2-852).

46.2-852. Reckless driving; general rule. Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.

46.2-862. Exceeding speed limit. A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.

Your question was:

"Is it illegal/reckless to pass a vehicle on an unmarked road in Virginia?"

That, in itself, isn't (or probably isn't) illegal. It's HOW you do it that can certainly be illegal if the officer observes and describes actions that conform to either of the two statutes.

You should be talking to an attorney cause either one of these is very bad news if you get convicted.

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